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Land Title Divided Among Father & Son

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1 Land Title Divided Among Father & Son on Tue Sep 19, 2017 2:43 pm


Arresto Menor
Good afternoon!
I would like to seek legal advise regarding our property. My grandfather purchased our property together with his eldest son (of 7 siblings). The property's title is under my grandfather (2/3 of the land) and the eldest son (1/3 of the land) who is my uncle. When my grandfather died, I believe his share went automatically to his children (grandmother is already deceased). For the past 10 years, the property had become an apartment for rent being managed by my father and we're also residing in the same property. Now, my father recently passed away and my uncle (eldest son) is asking for the land title for a possibility of selling our property.

My biggest concern is we still live in the property and manage the apartments. I believe my father's inheritance passed on to my mother after he passed away which would require her signature for the deed of sale of the property. May I ask the legal process on how we can buy off my father's siblings. Do we have the property appraised? What if the siblings do not agree to the appraised amount? How can we secure the property given that no other relative is living there but us.

Hoping for your help.

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2 Re: Land Title Divided Among Father & Son on Tue Sep 19, 2017 6:21 pm


Reclusion Temporal
Surely your father's share, if any, will pass on to your mother and/or you and your siblings as compulsory heirs of your deceased. Your father's share is 1/7 of the 2/3 of the entire property since your uncle owns the 1/3. So, your (and your siblings) and your mother's signatures would be required in the extrajudicial settlement/deed of sale.

Since you are all co-owners of the property, you can agree among yourselves on how much you would want to value the property if you are going for an extrajudicial settlement. Appraisal is an option. What is important is you all agree on what you want to do with the property. Otherwise, a co-owner like a sibling may go to court for judicial settlement of the estate wherein the court decides the partition.

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